PEOPLE v. SUPERIOR COURT

Docket No. 27019.

1 Cal.App.3d 167 (1969)

81 Cal. Rptr. 555

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF MARIN COUNTY, Respondent; WILLIAM KENT ESTATE COMPANY, Real Party in Interest.

Court of Appeals of California, First District, Division Three.

October 24, 1969.


Attorney(s) appearing for the Case

COUNSEL

Thomas C. Lynch, Attorney General, Jay L. Shavelson, Assistant Attorney General, Peter Graber, Harold W. Teasdale, Deputy Attorneys General, Bruce B. Bales, District Attorney, and Joshua W. Thomas, Deputy District Attorney, for Petitioner.

No appearance for Respondent.

Freitas, Allen, McCarthy, Bettini & MacMahon, Thacher, Jones, Casey & Ball and Lloyd Tunik for Real Party in Interest.


OPINION

DRAPER, P.J.

The grantor of a lot reserved an easement over it, upon which he constructed a fence. An action brought only against the owner of the easement sought to abate the fence as a nuisance, on the ground that it extended into lands of plaintiff. In this original writ proceeding, we must determine whether the lot owner is an indispensable, or merely a conditionally necessary...

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